Drew Wilson
April 15th, 2009, 07:25 PM
(Press Release)
The Commission has opened an infringement proceeding against the United Kingdom after a series of complaints by UK internet users, and extensive communication of the Commission with UK authorities, about the use of a behavioural advertising technology known as ‘Phorm' by internet service providers. The proceeding addresses several problems with the UK's implementation of EU ePrivacy and personal data protection rules, under which EU countries must ensure, among other things, the confidentiality of communications by prohibiting interception and surveillance without the user's consent. These problems emerged during the Commission’s inquiry into the UK authorities’ action in response to complaints from internet users concerning Phorm.
“Technologies like internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules. These rules are there to protect the privacy of citizens and must be rigorously enforced by all Member States," said EU Telecoms Commissioner Viviane Reding. “We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of EU rules on the confidentiality of communications. I call on the UK authorities to change their national laws and ensure that national authorities are duly empowered and have proper sanctions at their disposal to enforce EU legislation on the confidentiality of communications. This should allow the UK to respond more vigorously to new challenges to ePrivacy and personal data protection such as those that have arisen in the Phorm case. It should also help reassure UK consumers about their privacy and data protection while surfing the internet.”
Since April 2008, the Commission has received several questions from UK citizens and UK Members of the European Parliament concerned about the use of a behavioural advertising technology known as ‘Phorm’ by Internet Service Providers in the UK. Phorm technology works by constantly analysing customers' web surfing to determine users' interests and then deliver targeted advertising to users when they visit certain websites. In April 2008, the UK fixed operator, BT, admitted that it had tested Phorm in 2006 and 2007 without informing customers involved in the trial. BT carried out a new, invitation-based, trial of the technology in October-December 2008. BT’s trials resulted in a number of complaints to the UK data protection authority – the Information Commissioner’s Office (ICO) and to the UK police.
The Commission has written several letters to the UK authorities since July 2008, asking how they have implemented relevant EU laws in the context of the Phorm case. Following an analysis of the answers received the Commission has concerns that there are structural problems in the way the UK has implemented EU rules ensuring the confidentiality of communications.
More... (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/570&format=HTML&aged=0&language=EN&guiLanguage=fr)
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EC starts legal action over Phorm
The European Commission has started legal action against Britain over the online advertising technology Phorm.
It follows complaints to the EC over how the behavioural advertising service was tested on BT's broadband network without the consent of users.
Last year Britain had said it was happy Phorm conformed to European data laws.
But the commission has said Phorm "intercepted" user data without clear consent and the UK need to look again at its online privacy laws.
More... (http://news.bbc.co.uk/2/hi/technology/7998009.stm)
[Via Open Rights Group (http://www.openrightsgroup.org/newsblog/2009/04/ec-starts-legal-action-on-phorm/)]
Yeah! Go get 'em!:35:
The Commission has opened an infringement proceeding against the United Kingdom after a series of complaints by UK internet users, and extensive communication of the Commission with UK authorities, about the use of a behavioural advertising technology known as ‘Phorm' by internet service providers. The proceeding addresses several problems with the UK's implementation of EU ePrivacy and personal data protection rules, under which EU countries must ensure, among other things, the confidentiality of communications by prohibiting interception and surveillance without the user's consent. These problems emerged during the Commission’s inquiry into the UK authorities’ action in response to complaints from internet users concerning Phorm.
“Technologies like internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules. These rules are there to protect the privacy of citizens and must be rigorously enforced by all Member States," said EU Telecoms Commissioner Viviane Reding. “We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of EU rules on the confidentiality of communications. I call on the UK authorities to change their national laws and ensure that national authorities are duly empowered and have proper sanctions at their disposal to enforce EU legislation on the confidentiality of communications. This should allow the UK to respond more vigorously to new challenges to ePrivacy and personal data protection such as those that have arisen in the Phorm case. It should also help reassure UK consumers about their privacy and data protection while surfing the internet.”
Since April 2008, the Commission has received several questions from UK citizens and UK Members of the European Parliament concerned about the use of a behavioural advertising technology known as ‘Phorm’ by Internet Service Providers in the UK. Phorm technology works by constantly analysing customers' web surfing to determine users' interests and then deliver targeted advertising to users when they visit certain websites. In April 2008, the UK fixed operator, BT, admitted that it had tested Phorm in 2006 and 2007 without informing customers involved in the trial. BT carried out a new, invitation-based, trial of the technology in October-December 2008. BT’s trials resulted in a number of complaints to the UK data protection authority – the Information Commissioner’s Office (ICO) and to the UK police.
The Commission has written several letters to the UK authorities since July 2008, asking how they have implemented relevant EU laws in the context of the Phorm case. Following an analysis of the answers received the Commission has concerns that there are structural problems in the way the UK has implemented EU rules ensuring the confidentiality of communications.
More... (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/570&format=HTML&aged=0&language=EN&guiLanguage=fr)
---
EC starts legal action over Phorm
The European Commission has started legal action against Britain over the online advertising technology Phorm.
It follows complaints to the EC over how the behavioural advertising service was tested on BT's broadband network without the consent of users.
Last year Britain had said it was happy Phorm conformed to European data laws.
But the commission has said Phorm "intercepted" user data without clear consent and the UK need to look again at its online privacy laws.
More... (http://news.bbc.co.uk/2/hi/technology/7998009.stm)
[Via Open Rights Group (http://www.openrightsgroup.org/newsblog/2009/04/ec-starts-legal-action-on-phorm/)]
Yeah! Go get 'em!:35: